CAMBRIA AUTOMOBILES (SOUTH EAST) LIMITED INVICTA MOTORS LIMITED v THE COMMISSIONERS OF HIS MAJEATY'S REVENUE AND CUSTOMS [2023] UKUT 00249 (TCC

Upper Tribunal Tax and Chancery decision of JUDGE PHYLLIS RAMSHAW JUDGE KEVIN POOLE on 13 October 2023

Read full decision in CAMBRIA AUTOMOBILES (SOUTH EAST) LIMITED INVICTA MOTORS LIMITED v THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS

VAT – margin claim for demonstrator cars settled by agreement under section 85 VATA in 2006, with quantum agreed on basis of tables published by HMRC showing margins they would be prepared to accept in the absence of records – those tables subsequently amended, allowing larger claims – further claims made to recover the difference – whether settlement of “the Appellants’ claim for overpaid VAT” in the section 85 agreement precluded such further claims

Published 7 November 2023